Chapter 18 Pov on the Law (18.6)
Thursday, 16 March 2023 10:58
18.6 Feminist legal studies
Lecture Main topics:
○ Feminist pov of the law
○ Men pov of the law
Lecture notes:
• Feminist movement- recognition that men dominate women in various spheres of society
• Law is approached from men's pov
INCLUDED EXCLUDED
Men in law Women in law
Most law values are Most law values are
attributed to men. attributed to women.
• Rationality • Emotion
• Reasonableness • Subjectivity
• Objectivity • Context
• Care
Men's claims to neutrality and objectivity lies the reality that law is an instrument of women's subordination
• Justice is an impersonal and abstract concept, which feminist feel should be supplemented by the ethics of
care, allowing the individual to be treated with compassion
• Cahn J:
○ "…triumph over our emotions and biases so that we can apply the law correctly.''
○ Empathy that we need:
Not one that puts us in the same situation as the accused but one that draws on our own
understandings and openness to other and that recognizes our communities and differences."
• Rape according to law- woman's lack of consent coupled with a man's disregard of it
• Rape according to women- subordination of women to men and when her dignity or privacy is forcibly
infringed
• Rape according to men- crime
• Rape according to women- injury
Subordination- placement in a lower class, rank, or position
New Section 1 Page 1
Thursday, 16 March 2023 10:58
18.6 Feminist legal studies
Lecture Main topics:
○ Feminist pov of the law
○ Men pov of the law
Lecture notes:
• Feminist movement- recognition that men dominate women in various spheres of society
• Law is approached from men's pov
INCLUDED EXCLUDED
Men in law Women in law
Most law values are Most law values are
attributed to men. attributed to women.
• Rationality • Emotion
• Reasonableness • Subjectivity
• Objectivity • Context
• Care
Men's claims to neutrality and objectivity lies the reality that law is an instrument of women's subordination
• Justice is an impersonal and abstract concept, which feminist feel should be supplemented by the ethics of
care, allowing the individual to be treated with compassion
• Cahn J:
○ "…triumph over our emotions and biases so that we can apply the law correctly.''
○ Empathy that we need:
Not one that puts us in the same situation as the accused but one that draws on our own
understandings and openness to other and that recognizes our communities and differences."
• Rape according to law- woman's lack of consent coupled with a man's disregard of it
• Rape according to women- subordination of women to men and when her dignity or privacy is forcibly
infringed
• Rape according to men- crime
• Rape according to women- injury
Subordination- placement in a lower class, rank, or position
New Section 1 Page 1
